Covenant Marriage Effect on Divorce

For couples considering this option, it’s important to understand how it differs from traditional marriage and how it can affect the divorce process.

What is Covenant Marriage?

A covenant marriage is a type of marriage that offers a higher level of commitment than a standard marriage. Couples who enter into a covenant marriage agree to seek premarital counseling and commit to going through marriage counseling if problems arise during the marriage. The main distinguishing factor is that divorce in a covenant marriage is more difficult to obtain.

In many ways, it mirrors the idea of a sacramental marriage in certain religious traditions, emphasizing the sanctity and permanence of marriage. However, covenant marriage is a legal contract rather than a religious sacrament.

Features of Covenant Marriage

• Premarital Counseling: Couples must undergo counseling before getting married to ensure that they fully understand the responsibilities and expectations that come with a covenant marriage.
• Counseling for Marriage Issues: If problems arise during the marriage, couples are required to seek marriage counseling before filing for divorce.
• Limited Grounds for Divorce: Unlike a traditional marriage, which allows divorce based on “irreconcilable differences” or no-fault grounds, a covenant marriage only allows divorce under specific circumstances.

Grounds for Divorce in a Covenant Marriage

Divorce in a covenant marriage is not as easily granted as in a regular marriage. The law generally restricts the grounds for divorce to the following situations:

1. Adultery: If one spouse engages in an extramarital affair, it is a valid reason for divorce.
2. Abandonment: If one spouse leaves the other for a prolonged period, usually at least one year, the marriage can be terminated.
3. Physical or Emotional Abuse: In cases of cruelty, either physical or emotional, a spouse can file for divorce.
4. Felony Conviction: If one spouse is convicted of a felony and sentenced to imprisonment for a long period, this can be grounds for divorce.
5. Separation: In some jurisdictions, after a specified period of living apart (usually two years), divorce may be granted.

The restrictions on divorce grounds can have a profound impact on couples in covenant marriages, making it essential to understand these limitations before committing to this type of union.

How Covenant Marriage Affects the Divorce Process

While covenant marriages offer a stronger bond by promoting counseling and deeper commitment, they can make the divorce process more challenging:

1. More Time-Consuming: Because couples must meet certain criteria before they can divorce, it can take longer to legally end a covenant marriage. This may include waiting periods for counseling or a required period of separation.

2. Increased Emotional Commitment: The requirement for counseling may allow couples to work through their issues more thoroughly, but it can also result in more emotional strain. If the marriage eventually ends, the emotional impact may be more significant due to the deeper commitment involved.

3. Legal Fees and Complications: As divorce in a covenant marriage is harder to obtain, there may be additional legal complexities and costs. A couple might face a more complicated divorce process with increased paperwork and the need to prove that the legal grounds for divorce are met.

4. Alimony and Child Support: The legal aspects of a covenant marriage, including financial obligations, can sometimes be more complicated, especially in cases involving children or long-term marriages. Alimony and child support considerations may be affected by the extended nature of the divorce process.

The Benefits and Drawbacks of Covenant Marriage

Benefits

• Stronger Commitment: The marriage structure encourages a deeper level of commitment, which can lead to greater satisfaction and stability for some couples.
• Support Systems: Premarital counseling and required counseling during the marriage provide a support system for couples who may face challenges, potentially lowering divorce rates.

Drawbacks

• More Difficult Divorce Process: The restrictive grounds for divorce make it harder to leave a marriage, even if it is unhealthy or unfulfilling.
• Increased Pressure: The legal constraints may add pressure on couples to make their marriage work at all costs, which could be emotionally and mentally taxing, especially in situations of abuse or infidelity.

Covenant marriage is a serious commitment that places more emphasis on preservation than dissolution. While it can offer a stronger bond and a structured path to resolving marital difficulties, it also creates significant challenges if the marriage ends. Couples considering a covenant marriage should be aware of the legal requirements, the emotional and financial implications, and the stricter divorce process. If divorce does occur, it can be a complex and emotional journey, but understanding the process ahead of time can help couples make informed decisions about their future.